If you represent buyers, sellers or financial institutions in real estate transactions, plan now to attend the 2006 Hot Topics in Real Estate program coming up Nov. 10 in Nashville. This full-day program, sponsored jointly by the TBA's TennBarU and the Tennessee Land Title Association, offers four general and two dual CLE hours. Register or find out more now.

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G. Brian Jackson and David L. Johnson, Nashville, Tennessee, for the appellee, Metropolitan Development and Housing Agency.

Judge: CAIN

Landowners appeal the trial court's denial of their Motion to Alter or Amend filed under Tennessee Rule of Civil Procedure 59.04. The Motion was filed after a jury awarded $504,000 as damages for the condemnation of their property. The condemnation action was brought in the context of
executing the "Phillips-Jackson Redevelopment Plan" drafted by the Metropolitan Development and Housing Agency (MDHA) and approved by the Metro Council. Landowners argue that the trial court abused its discretion by denying the Motion and erred in entering the original possession order. They also argue that various steps taken by MDHA resulting in an amended trial court order operated
to void the taking and that the proceedings were an invalid exercise of MDHA's eminent domain powers. We affirm the trial court.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Theresa Smith McCusker, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Clyde Lee Blackmon, appeals as of right the Shelby County Criminal Court’s denying his petition for post-conviction relief from his 2004 conviction of second degree murder, a Class A felony, for which he is serving a twenty-five-year sentence as a Range I, violent offender. The petitioner claims he received the ineffective assistance of counsel, which rendered his guilty plea involuntary. We conclude no error exists, and we affirm the judgment of the trial court.

The appellant, Marcell Carter, pled guilty to a violation of the bad check law, Tennessee Code Annotated section 39-14-121. The trial court sentenced the appellant to four years to be served on Community Corrections. Subsequently, a warrant was filed against the appellant alleging a failure to abide by several conditions of his Community Corrections sentence. After a series of hearings,
the trial court removed the appellant from Community Corrections and re-sentenced him to four years in the Tennessee Department of Correction. On appeal, the appellant argues that the trial court abused its discretion. Because we determine that the trial court properly revoked the appellant's Community Corrections sentence and resentenced the appellant, we affirm the judgment of the trial court.

The defendant, Brett Ryan Dubose, was convicted of DUI, assault, and resisting arrest and sentenced to an effective sentence of eleven months, twenty-nine days to be served at 10%. In addition, his driver's license was suspended for one year and he was fined a total of $2000. On appeal, he argues that the trial court erred: (1) in denying his motion to dismiss the indictment; (2) in denying his motion to suppress and finding that the arresting officer had probable cause to stop the defendant; (3) in denying his motion for a mistrial based upon a word used in the prosecutor's opening
statement; (4) by not instructing the jury on the defenses of involuntary intoxication, entrapment, and self-defense; (5) in denying his motion to redact portions of the videotape entered into evidence; and (6) in denying his request to cross-examine the arresting officer about his prior estimony.
Additionally, he argues: (7) the evidence was insufficient to support his convictions; and (8) the cumulative effect of the errors denied his rights to due process and a fair trial. Following our review, we affirm the judgments of the trial court.

The defendant, Daisy Marie Gibbs, was convicted by a Greene County jury of burglary of an automobile, a Class E felony. As a result, she was sentenced to one year in the county jail. On appeal, the defendant argues that (1) the verdict was against the weight of the evidence, and (2) there was insufficient corroboration of her co-defendant’s incriminating testimony. Following our review of the record and the parties' briefs, we affirm the judgment of the trial court.

The petitioner, Johnie Jefferson, appeals as of right from the order of the Shelby County Criminal Court denying his petition for post-conviction relief from his first degree murder conviction, for which he is serving a life sentence. The petitioner claims he received the ineffective assistance of trial counsel because his attorney failed to investigate two witnesses properly and failed to consult with him prior to trial. We conclude no error exists, and we affirm the judgment of the trial court.

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Diane Thackery and David Bell and, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Christopher Kyle, also known as "Snap," was convicted by a jury of second degree murder and theft of property. As a result, the trial court sentenced the appellant to twenty-three years as a violent offender for second degree murder and eleven months and twenty-nine days for theft of property. The sentences were ordered to run concurrently. On appeal, the appellant argues that the
evidence was insufficient to support his conviction for second degree murder, that the trial court erred in instructing the jury on the theory of criminal responsibility and that his sentence is excessive. For the following reasons, we affirm the judgment of the trial court.

Jim W. Horner, District Public Defender and Patrick McGill, Assistant District Public Defender, for the appellant, Michael Dewayne Mann.

Paul G. Summers, Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; and Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Michael Dewayne Mann, was convicted of second offense driving under the influence (DUI) and violation of the implied consent law. As a result, the appellant was sentenced to eleven months and twenty-nine days in the county jail, to be served on unsupervised probation after incarceration of ninety days. After the denial of a motion for new trial, this appeal ensued. The
appellant challenges the sufficiency of the evidence on appeal. Because the evidence was sufficient to sustain the appellant's conviction for second offense driving under the influence and the appellant does not challenge his conviction for violation of the implied consent law, we affirm the judgment of the trial court.

Pursuant to a plea agreement, the defendant, Candice Alene Peery, pled guilty to aggravated burglary and theft of property over $1,000. In return, she received an effective eight-year sentence as a Range II multiple offender with the manner of service of her sentence to be determined by the trial court. The court ordered the defendant to serve her sentence in confinement and she appealed, arguing that
the court erred in denying an alternative sentence. Finding no error, we affirm the judgments of the trial court.

Interim U.S. attorney Craig S. Morford brings a record of fighting corruption to his new posting in Nashville. Learn more about Morford, his efforts to clean up government in Youngstown and other Ohio cities, and his plans for taking on gangs in Middle Tennessee in a City Paper interview.

Nine Wilson County Jail workers were either convicted or pleaded guilty in an investigation of inmate beatings. Now some people, including one former jail guard, a county commissioner and several former inmates say higher ups at the jail also knew about the beatings.

Attorneys at the Tennessee Department of Children's Services (DCS) will begin training to become nationally certified as Juvenile Law specialists next week at a statewide training session at Paris Landing State Park. Tennessee's Supreme Court approved Juvenile Law (Child Welfare) as an area of legal specialization in December 2005 making Tennessee the first state, post-pilot program, to offer the certification, which is overseen by the Tennessee Commission on Continuing Legal Education & Specialization.

350+ lobbyists sign up

The state's new ethics commission has signed up 373 lobbyists representing more than 300 companies since the beginning of October, WATE-TV in Knoxville reports. The commission was formed as part of a legislative package passed in the wake of a bribery scandal that led to federal charges against 11 people, including five current or former state lawmakers.

Knox judge honored by ABA

Retired Knox County General Sessions Court Judge Brenda Waggoner recently was honored by the American Bar Association for career accomplishments. She was presented the Franklin N. Flaschner Award, which recognizes judges who have developed an excellent reputation for character, commitment to high ideals, leadership and judicial competence.

Civil rights lawyer gets 2+ years

Firebrand civil rights lawyer Lynne Stewart, who has defended Black Panthers and anti-war radicals, was sentenced Monday to nearly 30 months in prison for helping an imprisoned terrorist sheik communicate with his followers on the outside.

With Senate Majority Leader Bill Frist retiring at the end of this session, several of the state's lawmakers are jockeying for new positions of influence. Chief among them is Sen. Lamar Alexander, who has been quietly meeting with his Republican colleagues in hopes they will select him to be the GOP whip, the No. 2 leadership position in the Senate, the Knoxville News Sentinel reports.

Retired Tennessee Supreme Court Justice Adolpho Birch Jr. will present a lecture at noon on Oct. 26 in the Old Supreme Court Chamber, Tennessee Capitol building. Presented by the Institute of Government at Tennessee State University and the Tennessee chapter of the American Society for Public Administration, Birch will speak about Tennessee's selection process for Supreme Court justices and attorneys general. For more information call (615) 963-7241 or email arizzo@tnstate.edu.

Online CLE

Disaster Recovery: Your Ethical Duty

Tornados, fires and hurricanes happen. This TennBarU® online course will help you prepare for and respond to a disaster with the purpose of improving your chance to successfully recover from it.